Tuesday, 14 October 2014] 110 No 19 – 2014] FIRST SESSION, FIFTH PARLIAMENT PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA __________________ NATIONAL COUNCIL OF PROVINCES =========================== ORDER PAPER ================ TUESDAY, 14 OCTOBER 2014 Meeting of Council: 14:00 MOTION: 1. Draft resolution (Chief Whip of the Council): That the following members be designated to represent Parliament in the Southern Africa Development Community Parliamentary Forum in terms of article 7(2) of the Constitution of the said Forum: a. b. c. d. e. f. Ms B Mbete (Speaker); Mr SA Masango (ANC); Dr HE Mateme (NCOP); Ms MR Morutoa (ANC); Mr S Mokgalapa (DA); and Mr AM Shaik Emam (NFP), of whom Ms MR Morutoa will represent Parliament in the Women’s Forum. QUESTIONS: 1. Cluster 3: Governance. ORDER PAPER: NATIONAL COUNCIL OF PROVINCES NO 19– 2014 Tuesday, 14 October 2014] 111 FURTHER BUSINESS ORDERS OF THE DAY: 1. Consideration of Report of Joint Standing Committee on Intelligence (Announcements, Tablings and Committee Reports, 10 April 2014, p 3207) Annual Report of Joint Standing Committee on Intelligence for Financial Year ending 31 March 2013 including the report up to February 2014. 2. Consideration of Report of Select Committee on Economic and Business Development (Announcements, Tablings and Committee Reports, 27 August 2014, p 1093) 1986 Instrument for the Amendment of the Constitution of the International Labour Organisation with explanatory memorandum. 3. Consideration of Report of Select Committee on Economic and Business Development (Announcements, Tablings and Committee Reports, 27 August 2014, p 1093) Adoption of an Automatic Recommendation on the Social Protection Floor by the International Labour Organisation with explanatory memorandum. 4. Consideration of Report of Select Committee on Economic and Business Development (Announcements, Tablings and Committee Reports, 16 September 2014, p 1250) Annex IV, Annex VI and the Explanatory Memorandum to Annex IV and Annex VI of the International Convention for the Prevention of Marine Pollution from Ships (MARPOL) 73/78. ________________________________________________________ MOTIONS (Notices given on 1 October 2014): 1. Draft resolution (Mr W Faber): That the Council (1) notes the statement made by the ANC ad hoc committee on Nkandla that President Zuma will not pay back the money; and (2) finally notes that this vindicates the opposition’s decision to withdraw from this committee, as this ad hoc committee has become a sham, since the ANC has made it clear that they will protect President Zuma at all costs. 14DC 135 ORDER PAPER: NATIONAL COUNCIL OF PROVINCES NO 19– 2014 112 [Tuesday, 14 October 2014 2. Draft resolution (Ms L C Dlamini): That the Council (1) debates mechanisms to ensure that municipalities and water utilities are adequately geared to provide a constant water supply to communities; (2) further notes that several communities across South Africa have been experiencing water shortages; (3) also notes that the water supply in Gauteng has been restored due to the intervention by the Minister of Water and Sanitation, Hon Nomvula Mokonyane; and (4) takes this opportunity to commend Hon Mokonyane for her decisive leadership in addressing the water crisis in Gauteng.14DC 136 3. 4. Draft resolution (Mr M J Mohapi): That the Council (1) debates the continuing vandalism and theft of service delivery infrastructure in South Africa; (2) further notes that communities across South Africa are left without electricity and water due to theft of service delivery infrastructure such as cables and copper pipes which result in disruption of services to communities; (3) also notes that hundreds of commuters across South Africa experience disruption of transport infrastructure such as trains and traffic lights due to cable theft and vandalism; and (4) takes this opportunity to call on the police and communities across South Africa to heighten the protection of public infrastructure and ensure that those who continue to steal public infrastructure are not only name and shame but are also brought to book and face the full consequences of their selfish deeds.14DC 137 Draft resolution (Mr E Makue): That the Council – (1) notes the tragic death of about 80 South Africans and scores of others who sustained injuries after a building at the Synagogue Church of All Nations collapsed on Friday, 12 September 2014; (2) further notes that it is estimated that over 300 South Africans were staying in the four-storey guesthouse on the grounds of the ORDER PAPER: NATIONAL COUNCIL OF PROVINCES NO 19– 2014 Tuesday, 14 October 2014] 113 church when it collapsed while workers were adding two more storeys; (3) (4) takes this opportunity to convey its heartfelt condolences to the families of the deceased and wishes those injured a speedy recovery; and expresses its utter dismay with the matter in which the church and authorities in Nigeria responded to this tragic incident.14DC 138 5. Draft resolution (Dr H E Mateme): That the Council – (1) notes that the Western Cape High Court has dismissed an urgent interdict by the Economic Freedom Fighters (EFF) seeking to stop Parliament from holding an inquiry into the behaviour of 20 EFF MPs who disrupted the questions session to the President in the National Assembly on 21 August; (2) further notes that the EFF approached the Western Cape High Court on Monday in an attempt to interdict a hearing of Parliament's Powers and Privileges Committee that will investigate the conduct of the 20 MPs; and (3) takes this opportunity to welcome the ruling as one of the first attempts to send a clear message to Members of Parliament that courts will not entertain attempts to abuse the judiciary to shield their ill discipline and utter disregard of the Rules and decorum of Parliament. 14DC 139 6. Draft resolution (Ms EC van Lingen): That the Council – (1) notes that the Eastern Cape MEC for Education, Mr Mandla Makupula, this week declared that the post provisioning for 2015 will remain the same as in 2014, with no new additional posts for the introduction of an African language; (2) also notes that there will be 55 796 posts for educators and 7 080 posts for non-teaching staff; (3) further notes that over 2 000 posts are still vacant and schools must receive and verify their pre-final post provisioning; (4) also notes that the department aims to issue final post establishments in the third week of October, which leaves little time for schools to plan their budgets for 2015; and ORDER PAPER: NATIONAL COUNCIL OF PROVINCES NO 19– 2014 114 [Tuesday, 14 October 2014 (5) 7. debates the position of the Eastern Cape Department of Education to manage its mandate and revisit the administration’s intervention options as there will not be a teacher in every classroom in 2015. 14DC140 Draft resolution (Mr G Michalakis): That the Council – (1) notes that Free State Premier, Ace Magashule, has proven that being a shrewd politician does not automatically translate into being a good premier; (2) further notes that Free State Provincial Government under his leadership dropped five places in overall good governance and performance indicators in one year according to the National Department of Performance Monitoring and Evaluation’s annual Management Performance Assessment Tool (MPAT) for the 2013/14 financial year; (4) also notes that the province scored an overall 60% below the line for partial to total non-compliance with key indicators; (3) congratulates the Western Cape Premier, Helen Zille, on this DA-run province on being confirmed as the best-run province in the country for the second year running by the same government report; and (4) finally notes that the DA governs better and more effectively and delivers because it cares about its people, in sharp contrast with its dreadful ANC counterparts. 14DC141 8. Draft resolution (Ms T K Mampuru): That the Council – (1) notes with utter dismay reports that the Chief Whip of the Economic Freedom Fighters in the Limpopo Provincial Legislature, hon Jossey Buthane, assaulted fellow party member Rudzani Ntwampe at an EFF meeting in Mahwelereng township outside Mokopane in Limpopo; (2) further notes that the EFF Chief Whip has undertaken to hand himself over to the police tomorrow after several attempts by the police to locate him; and (3) takes this opportunity to condemn in the harshest possible terms the conduct and action of the EFF Chief Whip, which ORDER PAPER: NATIONAL COUNCIL OF PROVINCES NO 19– 2014 Tuesday, 14 October 2014] 115 is nothing but a manifestation of the culture of ill discipline by members of the EFF. 14DC142 MOTIONS (Notice previously given): (See also): Mr C B F Smit (p 91); Ms EC van Lingen (p 91); Mr M Chetty (p 92); Ms B S Masango (p 92); Mr W F Faber (p 93); Ms C Labuschagne (p 94); Ms B S Masango (p 94); Ms E C van Lingen (p 95); Ms M von Buchenroder (p 95); Mr E J von Brandis (p 97); Mr F Essack (p 97); Ms L L Zwane (p 98); Dr H E Mateme (p 98). APPENDIXES ___________ PETITIONS REFERRED TO COMMITTEES 1. Submission of a petition from Mr F N Tshoba, requesting the NCOP to facilitate the provision of water and electricity at Mangoloaneng (Ward 12) in Mount Fletcher, Eastern Cape – (Select Committee on Petitions and Executive Undertakings – National Council of Provinces). 2. Submission of a petition from Mr Sello B Gatebe and Mr Mokoena, Free State Province regarding the alleged illegal eviction by MalutiA-Phufong Municipality - (Select Committee on Petitions and Executive Undertakings – National Council of Provinces). 3. Petition of the National Coalition for Palestine (Mr Z M D Mandela) –(Portfolio Committee on International Relations and Cooperation, Portfolio Committee on Trade and Industry, Portfolio Committee on Economic Development, Portfolio Committee on Defence and Military Veterans and Portfolio Committee on Mineral Resources - National Assembly ). 4. Submission of a petition from Mr Mnikeli Kawa, Eastern Cape Province regarding the alleged corruption and lack of service delivery in Well’s Estate at the Nelson Mandela Metropolitan Municipality - (Select Committee on Petitions and Executive Undertakings – National Council of Provinces). 5. Submission of a petition calling for Parliament’s intervention on alleged unpaid pensions, unpaid wages and non-payment of UIF benefits. (From Mr M Matshaya, on behalf of the former South African Transport Services and Ciskei Transport Corporation ORDER PAPER: NATIONAL COUNCIL OF PROVINCES NO 19– 2014 116 [Tuesday, 14 October 2014 workers) (Select Committee on Petitions and Executive Undertakings – National Council of Provinces). 6. Submission of a petition calling for National Council of Province’s intervention on relocation agreement entered into by Anglo Platinum and Ga-Sekhaolelo Community, Limpopo Province. (From Mr David Moselakgomo, on behalf of the concerned GaSekhaolelo Community) - (Select Committee on Petitions and Executive Undertakings – National Council of Provinces). ________________________ BILLS REFERRED TO JOINT TAGGING MECHANISM 1. Medical Innovation Bill [PMB 1 – 2014] (National Assembly – proposed sec 75). BILLS REFERRED TO COMMITTEES 1. Medicines and Related Substances Amendment Bill [B 6 – 2014] (National Assembly – sec 76) – (Portfolio Committee on Health – National Assembly). 2. Medical Innovation Bill [PMB 1 – 2014] (National Assembly – proposed sec 76) – (Portfolio Committee on Health – National Assembly). 3. Attorneys Amendment Bill [B 9 – 2014] (National Assembly – sec 75) (Portfolio Committee on Justice and Correctional Services). _____________ INTERNATIONAL AGREEMENTS 1. Convention on Cluster Munitions (Tabled on 11 November 2013) (NA: Referred to Portfolio Committee on Defence and Military Veterans on 12 November 2013 – reported on 26 February 2014 – approved on 12 March 2014) (NCOP: Referred to Select Committee on Security and Constitutional Development on 18 March 2014). 2. Acceptance of the DOHA Amendment to the Kyoto Protocol to the United Nations Framework Convention on Climate Change (Tabled on 23 July 2014) (NA: Referred to the Portfolio Committee on Environmental Affairs on 27 August 2014 – reported on 3 September 2014) (NCOP: Referred to the Select Committee on Land and Mineral Resources on 30 September 2014) ORDER PAPER: NATIONAL COUNCIL OF PROVINCES NO 19– 2014 Tuesday, 14 October 2014] 117 3. Nairobi International Convention on the removal of Wrecks, 2007 (Tabled on 26 August 2014) (NA: Referred to the Portfolio Committee on Transport on 27 August 2014) (NCOP: Referred to the Select Committee on Economic and Business Development on 30 September 2014). 4. Treaty on the Grand Inga Hydropower Project between the Republic of South Africa and the Democratic Republic of Congo (Tabled on 16 September 2014). 5. Agreement to the Establishment of the Indian Ocean Tuna Commission (IOTC) (Tabled on 18 September 2014). 6. The Food and Agriculture Organisation (FAO) Port State Measures Agreement to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated (IUU) Fishing (Tabled on 18 September 2014). 7. United Nations Arms Trade Treaty (Tabled on 1 October 2014). ORDER PAPER: NATIONAL COUNCIL OF PROVINCES NO 19– 2014